commencement of the next regular session of Congress, unless Congress shall expressly provide by law therefor: ...

SEC. 4. [Penalty for disobedience of orders of President.] SEC. 5. And be it further enacted, That courts-martial for the trial of militia shall be composed of militia officers only.

SEC. 6. [Fines, how collected and paid.]

SEC. 7. And be it further enacted, That the marshals of the several districts of the United States, and their deputies, shall have the same powers in executing the laws of the United States as sheriffs and their deputies in the several States, have by law, in executing the laws of the respective States.

SEC. 8. And be it further enacted, That sections two, three, and four of the act . . . [of February 28, 1795,] . . . and so much of the residue of said act and of all other acts as conflict with this act are hereby repealed.

APPROVED, July 29, 1861.

No. 9.

Act to define and punish certain
Conspiracies

July 31, 1861

A BILL "to define and punish certain conspiracies" was presented in the House, July 15, by John Hickman of Pennsylvania, and passed by a vote of 123 to 7. In the Senate the printing of a minority report submitted by Bayard of Delaware and Powell of Kentucky was refused by a vote of 10 to 29, and on the 26th the bill in amended form passed the Senate. Nine Senators entered a protest against the bill. The amendment of the Senate was concurred in by the House on the 30th, and the next day the act was approved. REFERENCES. Text in U.S. Statutes at Large, XII, 284. The important proceedings are those of the Senate for July 24 and 26 (Cong. Globe, 37th Cong., Ist Sess.).

An Act to define and punish certain Conspiracies.

Be it enacted. That if two or more persons within any State or Territory of the United States shall conspire together to overthrow, or to put down, or to destroy by force, the Govern

C

ment of the United States, or to levy war against the U States, or to oppose by force the authority of the Goverr of the United States; or by force to prevent, hinder, or the execution of any law of the United States; or by for seize, take, or possess any property of the United States ag the will or contrary to the authority of the United States; force, or intimidation, or threat to prevent any person accepting or holding any office, or trust, or place of confid under the United States; each and every person so offer shall be guilty of a high crime, and upon conviction there any district or circuit court of the United States, having diction thereof, or district or supreme court of any Territo the United States having jurisdiction thereof, shall be pun by a fine not less than five hundred dollars and not more five thousand dollars; or by imprisonment, with or without labor, as the court shall determine, for a period not less six months nor greater than six years, or by both such fine imprisonment.

APPROVED, July 31, 1861.

No. 10. Supplementary National Loan A

August 5, 1861

A BILL for the amendment of the loan act of July 17 [No. 4], 186 reported by William P. Fessenden of Maine, from the Senate Committ Finance, July 22, and passed the Senate the same day. The Committ Ways and Means of the House reported the bill on the 25th with amendr the most important of which authorized the payment of interest at nin cent on treasury notes, and pledged the receipts from certain duties f payment of the loan. The Senate, on the 29th, struck out both of provisions, and added the section authorizing the issue of five dollar tr notes. The bill received its final form from a conference committee, inserted the section suspending in part the subtreasury act of 1846. report of the conference committee was agreed to by the Senate without sion, and by the House by a vote of 83 to 34.

REFERENCES. Text in U.S. Statutes at Large, XII, 313, 314. F proceedings see the House and Senate Journals, 37th Cong., 1st Sess the Cong. Globe.

An Act supplementary to an Act entitled "An Act to authorize a National Loan, and for other Purposes."

Be it enacted. . ., That the Secretary of the Treasury is hereby authorized to issue bonds of the United States, bearing interest at six per centum per annum, and payable at the pleasure of the United States after twenty years from date; and if any holder of Treasury notes, bearing interest at the rate of seven and three-tenths per centum, which may be issued under the authority of the act to authorize a national loan and for other purposes, approved July seventeenth, eighteen hundred and sixty-one, shall desire to exchange the same for said bonds, the Secretary of the Treasury may, at any time before or at the maturity of said Treasury notes, issue to said holder, in payment thereof, an amount of said bonds equal to the amount which, at the time of such payment or exchange, may be due on said Treasury notes; but no such bonds shall be issued for a less sum than five hundred dollars, nor shall the whole amount of such bonds exceed the whole amount of Treasury notes bearing seven and three-tenths per centum interest, issued under said act; and any part of the Treasury notes payable on demand, authorized by said act, may be made payable by the Assistant Treasurer at Saint Louis, or by the depositary at Cincinnati.

SEC. 2. [Treasury notes, how executed; need not have seal.] SEC. 3. And be it further enacted, That so much of the act to which this is supplementary as limits the denomination of a portion of the Treasury notes authorized by said act at not less than ten dollars, be and is so modified as to authorize the Secretary of the Treasury to fix the denomination of said notes at not less than five dollars.1

SEC. 4. [Additional appropriation of $100,000 for expenses under the act.]

SEC. 5. And be it further enacted, That the Treasury notes authorized by the act to which this is supplementary, of a less

1 An act of February 12, 1862, authorized an additional issue of $10,000,000 in notes of denominations not less than five dollars, the same to be deemed a part of the loan of $250,000,000 authorized by the act of July 17, 1861.

denomination than fifty dollars, payable on demand without interest, and not exceeding in amount the sum of fifty millions of dollars, shall be receivable in payment of public dues.

SEC. 6. And be it further enacted, That the provisions of the act entitled "An Act to provide for the better organization of the Treasury, and for the collection, safe-keeping, transfer, and disbursements of the public revenue," passed August six, eighteen hundred and forty-six, be and the same are hereby suspended, so far as to allow the Secretary of the Treasury to deposit any of the moneys obtained on any of the loans now authorized by law, to the credit of the Treasurer of the United States, in such solvent specie-paying banks as he may select; and the said moneys, so deposited, may be withdrawn from such deposit for deposit with the regular authorized depositaries, or for the payment of public dues, or paid in redemption of the notes authorized to be issued under this act, or the act to which this is supplementary, payable on demand, as may seem expedient to, or be directed by, the Secretary of the Treasury.

SEC. 7. And be it further enacted, That the Secretary of the Treasury may sell or negotiate, for any portion of the loan provided for in the act to which this is supplementary, bonds payable not more than twenty years from date, and bearing interest not exceeding six per centum per annum, payable semi-annually, at any rate not less than the equivalent of par, for the bonds bearing seven per centum interest, authorized by said act. APPROVED, August 5, 1861.

A BILL "to confiscate property used for insurrectionary purposes was introduced in the Senate, July 15, by Lyman Trumbull of Illinois. When the bill was reported by the Committee on the Judiciary, on the 25th, Trumbull proposed an additional section, embodying in a shorter form the provisions of section four of the act. The amended bill passed the Senate July 22. The proposed forfeiture of the claims of owners to such of their slaves as had been

compelled to work in aid of the rebellion aroused strong opposition in the House, but an amendment in the form of a substitute for the final section of the Senate bill, being section four of the act as passed, was agreed to, August 3, by a vote of 60 to 48. By a vote of 24 to 11 the Senate concurred in the amendment of the House, and on the 6th the act was approved. The Confiscation Act was the first legislative step towards emancipation.

REFERENCES. Text in U.S. Statutes at Large, XII, 319. For the proceedings see the House and Senate Journals, 37th Cong., 1st Sess., and the Cong. Globe. For the retaliatory act of the Confederate Congress, August 30, see Confederate Statutes at Large, 201; on this act see Rhodes, United States, III, 465, note 2. On Butler's course see Butler's Book, 256 seq., and War Records, Series I, Vol. I, 53; see also Nicolay and Hay, Lincoln, IV, 389 seq. An Act to confiscate Property used for Insurrectionary Purposes. Be it enacted. That if, during the present or any future insurrection against the Government of the United States, after the President of the United States shall have declared, by proclamation, that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person or persons, his, her, or their agent, attorney, or employé, shall purchase or acquire, sell or give, any property of whatsoever kind or description, with intent to use or employ the same, or suffer the same to be used or employed, in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person or persons engaged therein; or if any person or persons, being the owner or owners of any such property, shall knowingly use or employ, or consent to the use or employment of the same as aforesaid, all such property is hereby declared to be lawful subject of prize and capture wherever found; and it shall be the duty of the President of the United States to cause the same to be seized, confiscated, and condemned.

SEC. 2. And be it further enacted, That such prizes and capture shall be condemned in the district or circuit court of the United States having jurisdiction of the amount, or in admiralty in any district in which the same may be seized, or into which they may be taken and proceedings first instituted.